BettenCourt v. United Parcel Service, Inc.
| Mr Edward BettenCourt |
| United Parcel Service, Inc. |
| 2:2020cv14337 |
| September 25, 2020 |
| US District Court for the Southern District of Florida |
| Jose E Martinez |
| Shaniek M Maynard |
| K Michael Moore |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 16 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Edward BettenCourt (Scott, Cathleen) |
| Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by United Parcel Service, Inc. identifying Corporate Parent United Parcel Service, Inc. (Delaware) for United Parcel Service, Inc. (Lerner, Brian) |
| Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by Edward BettenCourt (Scott, Cathleen) |
| Filing 13 REPLY to Response to Motion re #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by United Parcel Service, Inc.. (Attachments: #1 Text of Proposed Order)(Lerner, Brian) |
Filing 12
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 8/16/2021 at 09:30 AM in Fort Pierce Division before Judge Jose E. Martinez., Calendar Call set for 8/12/2021 at 01:30 PM in Miami Division before Judge Jose E. Martinez.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 6/17/2021.), ORDER REFERRING CASE to Magistrate Judge Shaniek M. Maynard for all discovery motions. Signed by Judge Jose E. Martinez on 10/16/2020. See attached document for full details. (mee)
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Filing 11
ORDER OF TRANSFER. TRANSFERRING CASE to Judge Jose E. Martinez for all further proceedings, accepted and signed on 10/14/2020. Magistrate Judge Shaniek M. Maynard and Chief Judge K. Michael Moore no longer assigned to case Signed by Chief Judge K. Michael Moore on 10/13/2020. See attached document for full details. (mee)
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| Filing 10 RESPONSE in Opposition re #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Edward BettenCourt. Replies due by 10/21/2020. (Scott, Cathleen) |
| Filing 9 Notice of Pending, Refiled, Related or Similar Actions by Edward BettenCourt (Scott, Cathleen) |
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Filing 8
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #5 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #5 is GRANTED. Justin Barbour may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to jbarbour@sr-llp.com. Signed by Chief Judge K. Michael Moore on 9/30/2020. (tgr)
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| Filing 7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by United Parcel Service, Inc.. Responses due by 10/14/2020 (Attachments: #1 Exhibit 1-BettenCourt I Complaint, #2 Exhibit 2-BettenCourt I Motion for Judgment on the Pleadings, #3 Exhibit 3-BettenCourt I Response in Opposition to Motion for Judgment on the Pleadings, #4 Exhibit 4-BettenCourt I Order Granting Motion for Judgment on the Pleadings)(Lerner, Brian) |
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Filing 6
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek M. Maynard on 9/29/2020. See attached document for full details. (mc)
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| Filing 5 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Justin Barbour. Filing Fee $ 200.00 Receipt # AFLSDC-13600735 by United Parcel Service, Inc.. Responses due by 10/13/2020 (Attachments: #1 Exhibit Certification of Justin Barbour, #2 Text of Proposed Order)(Lerner, Brian) |
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE SHANIEK MAYNARD. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Shaniek Maynard to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Maynard's discovery procedures Signed by Chief Judge K. Michael Moore on 9/28/2020. (tgr)
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Filing 3
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 9/28/2020. (tgr)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-13585746, filed by United Parcel Service, Inc. (Ohio). (Attachments: #1 Exhibit Plaintiffs Original Petition, #2 Exhibit Notice of Service of Process, #3 Exhibit Notice of Service of Process, #4 Exhibit State Court Docket Sheet, #5 Exhibit McIntosh Declaration, #6 Exhibit Foreign Profit Corp. Annual Report, #7 Exhibit Edward Bettencourts W-2s, #8 Exhibit State Court Notice of Removal, #9 Civil Cover Sheet)(Lerner, Brian) |
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| Defendant: United Parcel Service, Inc. | |
| Represented By: | Brian Lee Lerner |
| Represented By: | Justin Barbour |
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| Plaintiff: Mr Edward BettenCourt | |
| Represented By: | Cathleen Ann Scott |
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